Gulliver v. Blauvelt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles E. Blauvelt, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Hew York on the 2d day of May, 1896, upon the verdict of a jury, and also from' an order entered in said clerk’s office on the 4th day of May, 1896, denying the defendant’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Cullen, J.:
This action is brought to recover damages for injuries to a saddle horse, the property of the plaintiff. The occurrence took place in the State of Hew Jersey. The plaintiff’s claim was that he was riding along the highway; that the defendant’s cow was tethered on the side of the highway by a chain fastened to. an iron stake ; that the cow was standing on the other side of the traveled road from that where the stake was driven in the ground; that as he reached a point on the road opposite the cow, the cow drew the chain taut, thus raising it from the ground; that the horse stumbled…
2Cases cited3 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Norris v. . KohlerNew York Court of Appeals · 1869
- Holden v. ShattuckSupreme Court of Vermont · 1861
3Cited by12 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- McCann v. DavisonAppellate Division of the Supreme Court of the State of New York · 1911
- Roadway Express, Inc. v. GastonCourt of Appeals of Texas · 1935
- Lion Oil Refining Company v. SmithSupreme Court of Arkansas · 1939
- Stromblad v. Hanover Fire InsuranceNew York Supreme Court · 1923
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